HomeMy WebLinkAboutCity Council Resolutions (R-12-3560)-11/20/2012RESOLUTION R-12-3560
A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT
BETWEEN TOLL BROTHERS, INC. AND THE CITY OF COLLEYVILLE FOR
THE CONSTRUCTION OF EMERGENCY ACCESS GATES IN THE OLD
GROVE ADDITION AND BROUGHTON ADDITION AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
WHEREAS, Section 1(2) of Resolution R-12-3546, approved by the City
Council on October 1, 2012, requires that Toll Brothers, Inc. and
its affiliates shall submit for City Council consideration, a
City/Developer Agreement (CDA), whereby Toll Brothers and its
affiliates agrees to fund, either all, or in part, and construct new
emergency access gates, in place of the existing gates in the
Broughton Addition and the Old Grove Addition, and;
WHEREAS, Toll Brothers, Inc. has agreed to the terms of said agreement in
accordance with Resolution R-12-3546.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the CDA between Toll Brothers, Inc. and the City of
Colleyville for the construction of emergency access gates in Old
Grove Addition and Broughton Addition, attached as Exhibit ~~A", is
hereby approved.
Sec. 2. THAT the CDA shall be executed upon the signature of the city
manager.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF ~ AYES, ~"' NAYS AND ~ ABSTENTIONS
ON THIS THE 20T" DAY OF NOVEMBER 2012.
CITY OF COLLEYVILLE
~~`'
David Kelly
Mayor
., ..
City Secretary
Exhibit "A"
City of Colleyvilie
City/Developer Agreement
for Construction of Emergency Access Gates by Toll Brothers
That, Toll Brothers, Inc. and its affiliates, hereinafter called
"Developer" and the City of Colleyville, Tarrant County, Texas,
hereinafter called "City", enters into the following agreement (The
"Agreement"), which shall become effective on November 20, 2012.
Whereas Resolution R-12-3546, approved by the Colleyville City
Council on October 1, 2012, Section 1(2) states the following:
"Prior to issuance of a permit to install the emergency access
gates allowed by this resolution, Toll Brothers, Inc. and its
affiliates shall submit for City Council consideration, a
City/Developer Agreement (CDA), whereby Toll Brothers and irs
affiliates agrees to fund, either all, or in part, and construct new
emergency access gates, in place of the existing gates in the
Broughton Addition and the Old Grove Addition, within an
agreed upon time frame by both Toll Brothers, Inc. and the City
of Colleyville. The new gates shall, at a minimum, meet the
requirements of Section 14-138 in the Land Development Code.
If the CDA mentioned in this section is not approved by the City
Council within 90 days from the date of this resolution, then this
resolution shall exprre. "
NOW, THEREFORE, for and in consideration of the conditions of
Resolution R-12-3546, the City and Developer agree to the following
terms:
1. The Developer agrees to construct a new emergency access
gate at John McCain Road within the existing emergency
access easement located within Block E, Old Grove Addition.
Said gate shall meet all requirements of the Land
Development Code including but not limited to Section 14-
138.
2. The Developer agrees to construct a new emergency access
gate at Sanders Lane, Wyatt Drive and Burnham Circle within
the existing emergency access easement located within Lots
50 and 51, Block A, Broughton Addition. Said gate shall meet
all requirements of the Land Development Code including but
not limited to Section 14-138.
CitylDeveloper Agreement for Toll Brothers
Page 1
Exhibit "A"
3. Prior to construction of said gates, the developer shali submit
a copy of the construction bid/cost and gate schematics for
said gates for approval by the city manager or her designee.
Once approved, gate construction may commence. Upon
completion of said gates and a final, approved inspection by
the City, the City agrees to waive the building permit fees for
any new homes built by Toll Brothers, Inc. such that the total
fee waiver(s) shall not exceed a total of 50% of the
construction cost for the two gates mentioned above.
However, the total amount of building permit fees waived by
the City shall not exceed $25,000.00 for both gates
combined. Said fee waivers shall take effect for all new home
permits submitted by Toll Brothers, Inc. upon approval of the
final gate inspection by the City. Said fee waiver shall apply
to each consecutive new home permit for Toll Brothers, Inc.
until the 50% threshold described above is met; at which
time all permit fee waivers as described in this section shall
cease.
4. The two emergency gates mentioned above shall be
constructed and approved within 180 days of the approval
date of this Agreement by the City Council. If said gates are
not constructed and approved within the required 180 days,
then this agreement, and Resolution R-12-3546, shall become
null and void.
This Amendment is duly executed by the parties hereto as of the date
set forth below.
Toll Brothers, Inc. and its Affiliates
By: Rob Paul
~~~
N me: b Paul, Division President Date
CITY OF COLLEYVILLE
ZO L
N me: Jennife F dden, City Manager Date
CitylDeveloper Agreement for Toll Brothers
Page 2